MEMORANDUM **

Oscar Vasquez-Castillion, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s deportation order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Kankamalage v. INS, 335 F.3d 858, 861-62 (9th Cir. 2003), and we deny the petition for review.

The doctrine of res judicata does not bar the government from filing an additional charge of deportability against Vasquez-Castillion because the BIA’s remand order is not a final judgment, rendered on the merits in a separate action. See 8 C.F.R. § 1240.10(e); Valencia-Alvarez v. Gonzales, 469 F.3d 1319, 1323-24 (9th Cir. 2006).

PETITION FOR REVIEW DENIED.